The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-19
More Difficulties for the Com
missiOners.
SOME FRESH POINTS RAISED.
Judge CooIey's Opinion on the Gene
raj Suspension of the Long and
Short Hand CIause-Etc.
INTERSTATE COMMERCE.
Some New Points Raised by Commits
siOner Cooley.

WASHINGTON. May Is. - Chairman
Cooley, of the interstate commerce
commission, in letter to ]. A. Hanley,
traffic manager of the Minnesota d
Northwestern Railway, who had asked
the suspension of the long and short haul
clause, in application to certain points
on his line, presents new and important
points as to the duties and powers OF
the commission under the law IS fol-
lows: II is obvious that the cases the
law contemplates in which the commits
sion is authorized to make orders for
suspension are exceptional cases. 1t
does not state the grounds that shall
warrant relief, but it plainly intends
these grounds. in every case, shall be
special and peculiar; that the general
law shall be left to ordinary course,
however serious may be the conse-
uuences in particular cases and TO par
ticular roads and interests. 1t is
also made plain by the act
that any order for suspension
was intended to be based upon an in
yestigatiop, which should satisfy the
commission the case was, in fact, ex.
ceptional and fairly within the intent OF
the provision made for relief. The
Jurisdiction of the Commission to make
orders was evidently meant to be some
what closely restricted. 1t must be
assumed that Cong ess intended the
general law, in its main features at
least, TO be permanent law
for the country. 1t must, there
fore have contemplated that consider
abe sacrifices would have to be
submitted to by some parties and some
interests, while the general law being
established for very obvious reasons, II
would be quite impossible to introduce
consider and make changes i'll branch
of the law which concerns so intimately
the commerce of the country withou
serious consequences to some prlVat
interests. If the law in its general ope
ration, were to prove generally ant
eoually mischeyious in all directions,
commission instead OF having create
power, for that reason would, on tn
| other hand, have no power OF suspeI
sion whatever, for the simple. plal
reason there would be no e1
ceptionaI cases for it to act upor
There are no cases referred
nv the act to its judgment. The CON
mission must consider in each cas-
what the effect of giving relief to on
applicant will have upon other 10
terests, aud your knowledge OF raj
road matters must enable you t
{: perceive that, in some sections OF th
8 country, granting one application ma
so effect the interest of other roads, 8
to create a necessity for like reli'
y to several more, the satisfactlo
$ of one claim begetting Other
Il equally meritorious, until. II a
}; are satisfied, the exception become
d the rule. But when such result
!. make any temporary order is very col
elusive. The commission cannot col
sent to deliberately enter upon
- highway, where to all appearance
- there be no hating place with
= the limits of its lawful juri
r, diction. II a general suspension
the long and short haul clause is n
4 to be made by single comprehensl
u order, neither should the same result
= reached or approached by granting So
~ cessiye orders in individual cases.
these views the commission concurs.
Very respectfully yours,
fSipnedI. T. Nj. COOLEY,
Chairman